‘An Act To Give the Courts Sentencing Discretion When a Person with an Intellectual Disability Has Been Convicted of a Crime’
Amend the bill by striking out the title and substituting the following:
Amend the bill in section 1 in paragraph 2-E in the first line (page 1, line 3 in L.D.) by inserting after the following: " any" the following: ' other'
Amend the bill in section 1 in paragraph 2-E in the first line (page 1, line 3 in L.D.) by inserting after the following: " contrary," the following: ' and except for a conviction for the crime of murder,'
Amend the bill in section 1 in paragraph 2-E in the 2nd line (page 1, line 4 in L.D.) by striking out the following: " an abnormal condition of the mind as a result of"
Amend the bill by inserting after section 1 the following:
‘Sec. 2. Appropriations and allocations. The following appropriations and allocations are made.
JUDICIAL DEPARTMENT
Courts - Supreme, Superior and District 0063
Initiative: Provides funds for the Judicial Department for an anticipated increase in the number of mental health exams.
| GENERAL FUND | 2017-18 | 2018-19 |
|
All Other
|
$132,000 | $176,000 |
 |
|
|
| GENERAL FUND TOTAL | $132,000 | $176,000 |
summary
This amendment is the minority report of the committee. The amendment changes the title of the bill. The amendment removes from the bill a requirement that the court finds that the individual has an abnormal condition of the mind as a result of an intellectual disability or an autism spectrum disorder and instead requires the court to find that the individual has an intellectual disability or an autism spectrum disorder. The amendment provides that the sentencing discretion that the court has does not apply to a sentence for murder. The amendment adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)